Collins v. State

Court of Appeals of Georgia

Collins v. State

29 S.E.2d 107, 70 Ga. App. 533, 1944 Ga. App. LEXIS 33

CourtCourt of Appeals of Georgia

DecidedJanuary 29, 1944

Docket30306.

StatusPublished

This text of 29 S.E.2d 107 (Collins v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Collins v. State, 29 S.E.2d 107, 70 Ga. App. 533, 1944 Ga. App. LEXIS 33 (Ga. Ct. App. 1944).

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MacIntyre, J.

The defendant was convicted of an assault with intent to murder. The evidence for the State showed that the defendant made an unlawful assault upon one Devon Hendricks, and cut him with a knife or some other sharp instrument. Hendricks, while on the stand, exhibited the wound to the jury. Harold Tippins, an eyewitness to the assault, testified, in part, as follows: “I saw the sign that'the defendant put on Mr. Hendricks. That wound was inflicted on Hendricks by Collins [the defendant] with a knife or some other sharp instrument. It was done with an instrument that you could kill a man with; you could take his life with that instrument, by cutting him with it.” There was other testimony to the effect that Hendricks was carried to the hospital after he was cut, and the doctor “sewed him up.” We think that the evidence as a whole authorized the jury to find the defendant guilty of an assault with intent to murder, as charged. Jackson v. State, 56 Ga. App. 374 (192 S. E. 633) ; Reece v. State, 60 Ga. App. 195 (3 S. E. 2d, 229) ; Paschal v. State, 125 Ga. 279 (54 S. E. 172).

Judgment affirmed.

Gardner, J., concurs.

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MacIntyre, J.

The defendant was convicted of an assault with intent to murder. The evidence for the State showed that the defendant made an unlawful assault upon one Devon Hendricks, and cut him with a knife or some other sharp instrument. Hendricks, while on the stand, exhibited the wound to the jury. Harold Tippins, an eyewitness to the assault, testified, in part, as follows: “I saw the sign that'the defendant put on Mr. Hendricks. That wound was inflicted on Hendricks by Collins [the defendant] with a knife or some other sharp instrument. It was done with an instrument that you could kill a man with; you could take his life with that instrument, by cutting him with it.” There was other testimony to the effect that Hendricks was carried to the hospital after he was cut, and the doctor “sewed him up.” We think that the evidence as a whole authorized the jury to find the defendant guilty of an assault with intent to murder, as charged. Jackson v. State, 56 Ga. App. 374 (192 S. E. 633) ; Reece v. State, 60 Ga. App. 195 (3 S. E. 2d, 229) ; Paschal v. State, 125 Ga. 279 (54 S. E. 172).

Judgment affirmed.

Gardner, J., concurs.

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29 S.E.2d 107, 70 Ga. App. 533, 1944 Ga. App. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-state-gactapp-1944.

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